What is the name of your state? Tennessee
I have a $45,000 breach of contract complaint against a former employer. I contacted an attorney 7 months ago and I intended to file in Circuit Court for the full amount. My attorney advised me to file in General Sessions court and limit my claim to the $25,000 allowable limit. I accepted his advice predominantly because it would expedite the resolution of the case. We filed in small claims court last October and a court date was set in early December.
The defendant's attorney contested the matter and my attorney advised me that we need to find a mutually agreeable docket date. I've been waiting 3 months to get a new court date and I'm beginning to feel that something is not right. It seems that the defendant’s attorney has no intention of ever agreeing on a date and delay is their primary tactic.
I reviewed the procedure rules for General Sessions court in my county and there are no rules about a mutually agreed court date. When I asked my attorney where this requirement came from, I was essentially told that this is how it's done and "it is not in your best interest to unilaterally attempt to set this matter for hearing as such action would, in all probability, be objected to by the other side, if not the court itself."
I have 2 questions:
1) Is my attorney shooting straight with me or is he being too cordial with the opposing council? Would the court actually object?
2) Being that I am pursuing my case in small claims, is it prudent to represent myself or would it be wiser to retain my attorney? It's a very straight forward case that I could easily present.
Thank you for your input. Best Regards.
I have a $45,000 breach of contract complaint against a former employer. I contacted an attorney 7 months ago and I intended to file in Circuit Court for the full amount. My attorney advised me to file in General Sessions court and limit my claim to the $25,000 allowable limit. I accepted his advice predominantly because it would expedite the resolution of the case. We filed in small claims court last October and a court date was set in early December.
The defendant's attorney contested the matter and my attorney advised me that we need to find a mutually agreeable docket date. I've been waiting 3 months to get a new court date and I'm beginning to feel that something is not right. It seems that the defendant’s attorney has no intention of ever agreeing on a date and delay is their primary tactic.
I reviewed the procedure rules for General Sessions court in my county and there are no rules about a mutually agreed court date. When I asked my attorney where this requirement came from, I was essentially told that this is how it's done and "it is not in your best interest to unilaterally attempt to set this matter for hearing as such action would, in all probability, be objected to by the other side, if not the court itself."
I have 2 questions:
1) Is my attorney shooting straight with me or is he being too cordial with the opposing council? Would the court actually object?
2) Being that I am pursuing my case in small claims, is it prudent to represent myself or would it be wiser to retain my attorney? It's a very straight forward case that I could easily present.
Thank you for your input. Best Regards.
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